§1320b–17 Cross-program Recovery of Overpayments From Benefits

Summary

The Social Security Commissioner can take back money that was paid by mistake by reducing other Social Security payments the person gets. The money can be taken from benefits under three programs: old-age/survivors/disability (subchapter II), special World War II veteran benefits (subchapter VIII), and Supplemental Security Income or related State payments (subchapter XVI). When the Commissioner reduces a regular monthly benefit to recover an overpayment, the cut usually cannot be more than 10% of that month’s benefit for subchapter II or VIII. For SSI (subchapter XVI), the cut can’t be more than the smaller of the full SSI payment or 10% of the person’s monthly income (counting the SSI payment itself but excluding certain Social Security payments and incomes excluded under section 1382a(b)). The 10% limit does not apply if the person or their spouse lied or hid important facts, or if the person asks for a larger or faster recovery. Taking back money this way does not change whether someone becomes eligible for, or gets higher, WWII special benefits or SSI. Federal protections against legal claims do not stop these recoveries from subchapters II and XVI.